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Council backs code enforcement and possible abatement lawsuit to address troubled hotel property
Summary
After continued delays by the hotel owner in remedying an unsafe property, the city will initiate code-enforcement proceedings and staff recommended, and council supported, pursuing an abatement lawsuit to compel corrective action if necessary.
City attorneys and staff told the council the permit application for a distressed hotel property has stalled and the owner had not responded to requests for information; staff said building permits had expired and that the applicant had not provided required documentation. The city will initiate code-enforcement proceedings through the normal special magistrate process and move forward with a parallel abatement action in court if the property owner does not comply.
The city attorney briefed council on two enforcement pathways: the administrative code-enforcement process (special magistrate) and a court abatement action under state law (chapter 60-style procedures) seeking injunctive relief. Staff noted the property raises public-safety concerns — while the building reportedly has no occupants, the fire chief advised the council the department would not enter the structure in a fire, which the attorney characterized as a compelling public‑safety rationale to seek a court order if necessary.
Councilmembers expressed unanimous support for pursuing both administrative and judicial avenues. Councilmember Fletcher said he was “100% in support,” and Deputy Mayor Gilbert seconded the position. Several council members and staff recounted prior interactions with the owner; the city manager said she had spoken with the owner about ordering replacement windows but had not received proof or invoices as promised.
Why it matters: a potentially hazardous building poses risks to adjacent properties and places demands on city resources; the city’s choice to pursue an abatement suit represents an escalation of enforcement to compel corrective action where administrative measures have not produced results.
Next steps: staff will file code‑enforcement complaints leading to a special‑magistrate hearing and will prepare court filings to seek judicial abatement/injunction if the owner does not timely remedy cited violations; staff will coordinate fire‑marshal, code enforcement and legal actions and return to council with updates.
